Legal Question in Wills and Trusts in Missouri

Disinherit

Is it unlawful for someone to disinherit his or her some if he marries a Muslim woman?


Asked on 2/05/05, 8:37 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Disinherit

It is unclear what you intended to ask. You siad something about disinheriting a "some" did you mean "son." If you are asking if a person has a decision as to whom to leave their earthly possessions by Will and whom to leave out?, the answer is "yes". If you mean to ask whether a person can have their name and paternity/maternity remoived from their adult child's records?, the answer is probably "No". At least I've never seen it done.

As to the will, the Courts are sometimes hesitant to follow blatantly racist clauses in wills that are obviously intended to defame a person not benefitting from the will (the Muslim woman) in examples like "$10,000 to James, so long as he divorces that muslim woman and never dates a muslim again."

It is possible for someone to purposefully leave someone out of their will, but it can backfire if they do it in a nasty way.

Good Luck

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Answered on 2/07/05, 11:48 pm


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